ITEM TITLE:
title
#17-02 - Amending Chapter 1.08 Section 1.08.010 of the Valdez Municipal Code Titled General Penalty, Continuing Violations. Second Reading. Adoption.
body
SUBMITTED BY: Sheri Pierce, City Clerk and Bart Hinkle, Police Chief
FISCAL NOTES:
Expenditure Required: NA
Unencumbered Balance: NA
Funding Source: NA
RECOMMENDATION:
rec
Approve Ordinance # 17-02
end
SUMMARY STATEMENT:
Recent legislation (SB 91) affects the City of Valdez and Valdez Municipal Code by reducing the class of crimes for certain offenses - resulting in a "fine only" sentence as opposed to jail time, changing certain offenses from crimes to minor offenses, and placing the prosecutorial burden onto the individual municipalities.
Administration (Police, Clerk and Legal) have conducted a review of the Valdez Municipal Code to ensure that minor offenses which will no longer be prosecuted by the State of Alaska are established in code, thereby allowing the Valdez Police Department to charge an offense as a violation of city ordinance.
State Statute allows municipalities to charge fines in an amount up to $1,000 for minor offenses, and mandates that punishment for similar offenses may not exceed the fine and punishment established by the State. The Valdez Municipal Code currently caps fines for violations at $300 and for the vast majority of offenses require a mandatory court appearance. Ordinance #17-02 would raise the fine to allow prosecution of minor offenses previously charged under State Statute with an established fine in excess of $300. For example, the charge of Minor in Possession was previously litigated through the District Attorney's office. As of October 4, 2016, the State of Alaska no longer prosecutes MIP's. The burden falls upon the City. As it currently stands, however, the associated fines would be funneled to the State. Proposed changes to the Valdez Municipal Code aim to rectify that by 1) raising the maximum fine level to $500 to accommodate the fine...
Click here for full text